The question of whether or not EU copyright laws need to be modernised has kept EU institutions busy this year. At the end of 2012, the Commission launched twin initiatives. On the one hand a discussion forum called Licences for Europe was opened with the aim of identifying practical, industry-led solutions to problems of content delivery in Europe (quick fixes for which no legislation is needed). On the other hand, the Commission started an internal review of all EU copyright-related laws to see whether some needed to be updated.  The results of both initiatives should be announced by the end of this year or early in 2014. Our view is that it is crucial to take all the necessary time and effort to analyse the reasons for, and likely implications of any change in copyright law, as it is the backbone of how artists make a living. Below are the next steps of the modernisation effort we can expect in the coming months:

• 24-25 October: European heads of state to discuss copyright reform at EU summit dedicated to the digital economy
• Mid-November: launch of a public consultation by the European Commission, possibly to be accompanied by the Commission’s initial findings on its review of the EU legal framework on copyright
• 13 November: presentation of the results of the Licences for Europe initiative
• Mid-January: consultation closes
• March 2014: Final Commission conclusions to be discussed by the College of Commissioners and decision on whether new legislative proposals are necessary

On Tuesday 1 October, GESAC –the organisation behind this website- attended Marielle Gallo’s IP Forum on copyright levies. With Françoise Castex’s draft parliamentary report on the issue released, and the deadline for amendments set for 18 October, we were eager to hear what the invited speakers had to say on the issue at this timely panel discussion.

As Marielle Gallo pointed out, technological developments have offered in recent years many more ways to copy cultural works than there used to be. It’s not just about teenagers burning CDs any more. How can artists ensure fair remuneration for their work in such a context?

While technology is in constant evolution, consumer behaviours remain largely the same, according to David El Sayegh of French author society SACEM. A recent study revealed that 75% of downloaded music files (and subsequent private copies) originate from authorized sources such as YouTube. Streaming hasn’t replaced private copying. Private copying still has a significant place in the remuneration of artists. The revenues collected through private copying levies contribute to the financing of cultural projects and events to the benefit of all, a fact that is not well known amongst consumers. David El Sayegh re-stated that author societies are open to finding a balanced compromise on the issue of private copying levies. Such a solution would both allow consumers to make private copies and rights holders to receive compensation for the copied works.

Striking the balance between the different voices in the copyright levies debate has been António Vitorino’s arduous task since he was appointed mediator on the issue by the European Commission. Speaking at the IP Forum, he said that he was not advocating for the end of levies but was looking at how to apply the copyright levies logic in the sector of online on-demand services.

On his specific proposal to shift the responsibility for the payment of the levies from storing device manufacturers to retailers, he recognized there was a risk of overburdening retailers with red-tape. He also stated that the recommendations he made at the beginning of the year were neither “absolutely true” nor “absolutely false”. We were happy to hear him advocate for a spirit of compromise and openness as key tools for reaching a solution on the issue of copyright levies.

Followers of this website will remember that rightholders organisations have jointly expressed their dissatisfaction with the report of Mr Vitorino. GESAC has also reflected its views on Mr Vitorino’s recommendations and made its proposals for the improvement and better functioning of the system.

Did you know that 4.2% of EU GDP is generated by copyright intensive industries (nearly €510 million annually), and that copyright intensive industries employ 3.2% of Europe’s workers (7.05 million people)?

 This has been revealed in a study “Intellectual Property Rights intensive industries: contribution to economic performance and employment in Europe”, carried out jointly by the European Patent Office (EPO) and the Office for Harmonization in the Internal Market (OHIM), and presented yesterday by Commissioner for the Internal Market and Services Michel Barnier.  – Link to the study –